Dipankar Datta, J. - (1.) The unsuccessful writ petitioner in WP 2712 (W) of 1998 (hereafter the 'writ petitioner' for short) is the appellant in this intra-court appeal under clause 15 of the Letters Patent. It is directed against the judgment and order dated November 10, 2008 of dismissal of such writ petition by a learned Judge of this Court.
(2.) The antecedent facts giving rise to the appeal, as a prologue to our decision, would be proper.
(3.) The District Inspector of Schools (SE), Birbhum (hereafter the 'DIoS' for short) had granted permission to the managing committee of Bolpur Girls' High School (hereafter the said school for short) to initiate process for recruitment on the post of an Assistant Teacher in Social Science (Geography) (hereafter the 'said post' for short) vide memo dated April 30, 1997. Pursuant thereto, the said school requisitioned names from the District Employment Exchange, Bolpur, Birbhum (hereafter the 'DEE' for short) of candidates eligible to be considered for appointment on such post. On receipt of such requisition, the Employment Officer of the DEE sponsored names of 19 (nineteen) candidates including the writ petitioner and the respondents 7 and 8 in the writ petition, vide memo dated July 22, 1997. The list of sponsored candidates included 5 (five) candidates who were in-service candidates and such status of theirs was indicated under the remarks column by the endorsement "EPN", meaning thereby 'employed person'. On the date the name of the respondent no.7 was sponsored, she was also an inservice candidate. Pursuant to acceptance of an offer of appointment dated April 18, 1995, the respondent no.7 had joined Rampurhat High School for Girls as an Assistant Teacher in Social Science (Geography). Due to a mistake committed by the Employment Officer of the DEE, the status of the respondent no.7 was, however, not shown in the list of sponsored candidates as "EPN". By a letter dated August 20, 1997, the said employment officer acknowledged his mistake and advised the authorities of the said school to treat the respondent no.7 as an in-service candidate.;